# summary

- Link: https://dearsouthafrica.co.za/starlink/summary/
- Published: 2025-06-19T18:07:41+02:00
- Author: dearSA

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[ Have your say on the draft policy](https://dearsouthafrica.co.za/starlink/#havasay)

Participation report

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Media release 11 January  2026

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[Broad-Based Black Economic Empowerment Framework](https://dearsouthafrica.co.za/starlink/summary/#1738150189952-44103674-e29d0464-0d06)

 1.  a. Section 9(2)(b) of the Electronic Communications Act, 2005 (Act No. 36 of 2005)(
        ECA) provides that individual licences must include the percentage of equity ownership
        to be held by persons from historically disadvantaged groups, which must not be
        less than 30%, or such other conditions or higher percentage as may be prescribed
        under section 4(3)(k) of the Independent Communications Authority of South Africa
        Act, 2000 (Act No. 13 of 2000)(ICASA Act).
     b. Section 4(3)(k) of the ICASA Act provides that the Authority may make regulations
        on empowerment requirements to promote broad-based black economic empowerment.
        Broad-based black economic empowerment has the meaning assigned to it in the Broad-
        Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) (B-BBEE Act).
     c. The Authority has opted to prescribe regulations on empowerment requirements to
        promote broadbased black economic empowerment under section 4(3)(k) of the ICASA
        Act and published the Regulations in respect of the Limitations of Control and
        Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application
        of the ICT Sector Code in General Notice No. 170, Government Gazette No. 44382
        of 31 March 2021, as amended.
     d. The use of the word ‘or’ in section 9(2)(b) of the ECA is peremptory, and therefore
        the requirement for equity ownership by historically disadvantaged groups is replaced
        by the option of adopting regulations prescribed under section 4(3)(k) of the 
        ICASA Act.
     e. In addition, the B-BBEE Act provides in section 10 that every organ of state and
        public entity must apply any relevant code of good practice issued in terms of
        the B-BBEE Act in determining qualification criteria for the issuing of licences,
        concessions or other authorisations in respect of economic activity in terms of
        any law. It further provides that an enterprise in a sector in respect of which
        a sector Code of Good Practice has been issued, may only be measured for compliance
        with the requirements of broadbased black economic empowerment in accordance with
        that code.
     f. It follows that enterprises in the ICT sector may only be measured for compliance
        with the requirements of broad-based black economic empowerment in accordance 
        with the Amended Broad-Based Black
         Economic Empowerment (B-BBEE) ICT Sector Code.
     g. The Regulations in respect of the Limitations of Control and Equity Ownership 
        by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector
        Code contradict the legal framework for broad-based black economic empowerment
        by prescribing equity ownership requirements by historically disadvantaged groups
        and black people and do not recognise compliance with the ICT Sector Code in respects
        other than ownership.
     h. The broad-based black economic empowerment status level of an entity is the accepted
        method to measure overall performance against the ICT Sector Code and promotes
        broad-based black economic empowerment, including through equity equivalent investment
        programmes.

[Policy Direction](https://dearsouthafrica.co.za/starlink/summary/#1738150189975-5d0623dc-47dc0464-0d06)

The Authority is hereby directed, in terms of section 3(2) of the Electronic Communications
Act, 2005 (Act No. 36 of 2005) to urgently consider alignment of the Regulations
in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged
Groups (HDG) and the Application of the ICT Sector Code, with the Amended Broad-
Based Black Economic Empowerment (B-BBEE) ICT Sector Code.

[30% local ownership](https://dearsouthafrica.co.za/starlink/summary/#1750349091431-7deb168a-ec43)

Crucially, Malatsi says the direction makes it clear that:

    - New market entrants – including those offering new or disruptive technologies–
      will not be exempt from transformation obligations. Even if companies are 
      not rolling out large-scale infrastructure, they will be required to make 
      commitments that are substantive and clearly aligned with South Africa’s socio-
      economic development goals.
    - Different technologies may have different rollout models, but transformation
      is non-negotiable – all players must contribute meaningfully to equity, skills
      development and economic inclusion.
    - ICASA’s regulations may continue to require 30% equity ownership by historically
      disadvantaged individuals but must also permit commitments envisaged by the
      ICT Sector Code as valid conditions for applications for individual licences.

Final policy direction published as NOTICE 3692 of 2025

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This Final policy decision represents a significant win for public participation.

If you see value in what we do, please chip in – a small amount helps tremendously.

[click here to chip in](https://dearsouthafrica.co.za/thankyou/)

Draft policy direction 

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Letter from SpaceX

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### In the News

    - Forbes — [Starlink May Launch In South Africa Soon After Government Policy Changes](https://www.forbes.com/sites/tobyshapshak/2025/05/23/starlink-may-launch-in-south-africa-soon-after-govt-policy-changes/)
    - Gadget — [Starlink heads for African schools – but not South Africa](https://gadget.co.za/paratusedulink4m/)
    - BusinessTech — [South Africa paving the way for Starlink](https://businesstech.co.za/news/internet/825411/south-africa-paving-the-way-for-starlink/)
    - MyBroadband — [R500-million Starlink deal for South Africa](https://mybroadband.co.za/news/broadband/598870-r500-million-starlink-deal-for-south-africa.html)
    - TechAfrica News — [Starlink Proposes US$27.6 Million Investment to Connect Rural South African Schools](https://techafricanews.com/2025/06/18/starlink-proposes-us27-6-million-investment-to-connect-rural-south-african-schools/)
    - iTWeb — [Malatsi proposes alternative path to bring Starlink to SA](https://www.itweb.co.za/article/malatsi-proposes-alternative-path-to-bring-starlink-to-sa/O2rQGqAE6wVqd1ea)
    - Tech Central — [Starlink to South Africa: ‘We are ready to invest’](https://techcentral.co.za/starlink-to-south-africa-ready-to-invest/265243/)
    - iTWeb — [Starlink reaffirms commitment to SA amid licence impasse](https://www.itweb.co.za/article/starlink-reaffirms-commitment-to-sa-amid-licence-impasse/Pero37Z32ZmMQb6m)
    - iTWeb — [BEE conundrum for SA’s satellite connectivity](https://www.itweb.co.za/article/bee-conundrum-for-sas-satellite-connectivity/j5alrvQA8LRvpYQk)
    - iTWeb — [Elon Musk takes aim at SA ahead of president’s US visit](https://www.itweb.co.za/article/elon-musk-takes-aim-at-sa-ahead-of-presidents-us-visit/JBwEr7n3d4eM6Db2)
    - CDH — [Minister of Communications and Digital Technologies issues proposed policy direction to ICASA on B-BBEE in the ICT Sector](https://www.cliffedekkerhofmeyr.com/news/publications/2025/Sectors/Technology-Communications/technology-and-communications-alert-26-may-minister-of-communications-and-digital-technologies-issues-proposed-policy-direction-to-icasa-on-b-bbee-in-the-ict-sector)

Elon Musk’s Starlink Nears South Africa Entry With $113 Million Deal. Elon Musk’s
Starlink is finally making moves to enter South Africa, with a reported $113 million
investment deal aimed at meeting the country’s strict Black Economic Empowerment(
BEE) rules. The deal comes after years of tension, including Musk’s criticism of
BEE laws as “racist” and accusations that they blocked Starlink’s entry. Now, South
Africa’s government is proposing regulatory changes that could allow foreign tech
firms to qualify through local investments instead of equity transfers. While approval
still lies with the country’s telecom regulator, the deal signals a major breakthrough
and Starlink may soon be live in Musk’s homeland.

Elon Musk’s Starlink South African License Decision Up to Regulator. The Independent
Communications Authority of South Africa will decide whether to award Elon Musk’s
Starlink an operating license, a government minister said. Pretoria-born Musk indicated
that he wants Starlink internet services to be made available in Africa’s largest
economy, but he has refused to relinquish any equity in the business to comply with
Black-empowerment rules. Bloomberg’s Loni Prinsloo reports.

South Africa Moves To Change Empowerment Law For Musk’s Starlink Launch. The South
African government is taking steps to approve Elon Musk’s Starlink internet service
in the country. To make this happen, they’re considering a policy change that would
let Starlink operate without having to give up 30% ownership to Black South Africans.
Watch this report for more details!

**SABC News** Regulatory framework for Elon Musk’s Starlink in SA: Adv Zanyiwe Nthatisi
Asare. South Africa is not planning to water down its Black economic empowerment
laws just to suit Elon Musk’s Starlink. That’s according to Communications Minister
Solly Malatsi. The minister was responding to criticism of policy changes he announced
days after President Cyril Ramaphosa met his US counterpart, Donald Trump. The changes
were published on Friday, the day after Ramaphosa returned from the United States.
The policy changes would allow communications companies, including Starlink, to 
bypass a requirement to sell 30% of the equity in their local subsidiaries owned
by historically disadvantaged groups. Let’s explore this further with are joined
by Advocate Zanyiwe Nthatisi Asare-Cyber Law, Public Policy and Internet Governance
Expert.

Why is Elon so desperate to get Starlink into South Africa? Elon Musk’s Starlink
claims it has lined R2 Billion to invest in SA to build regional infrastructure 
to support the entire Southern African Development Community (Sadc) region if they
can get a license to operate in South Africa without BBBEE.

**Newzroom Afrika** Starlink in SA: Game-changer or BEE loophole? A proposed policy
shift could allow Elon Musk’s Starlink to operate in South Africa without meeting
strict B-BBEE ownership rules. Editor-in-Chief of Stuff magazine, Toby Shapshak,
unpacks the implications for tech regulation, digital access, and economic empowerment.

**Newzroom Afrika** Bantima Information Technology Group’s Shepherd Mphambela says
only 20% of South Africans will be able to afford Starlink subscription based on
how the product services are priced in neighbouring countries.

### STATEMENTS AND MEDIA RELEASES

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### Freedom of Religion SA (FOR SA)

 TEMPLATE PROVIDED BY FOR SA

### I strongly oppose the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B – 2018], which I believe to be unconstitutional and unnecessary, for the following reasons:

 1. The Bill violates our constitutional rights as religious persons to express our
    religious beliefs without fear of punishment or persecution (section 15, read with
    section 16). Increasingly, around the world but also in South Africa, various holy
    scriptures (particularly on contentious issues) are regarded as “politically incorrect”
    or “offensive”, allegedly causing emotional and/or social harm.
 2. I specifically oppose the Bill’s:
 3.  a. wide definition of “harm” (in Clause 1);
     b. the failure to define “hatred” (in Clause 1); and
     c. definition of, and creation of, the crime of “hate speech” (in Clause 4).
 4. The creation of the crime of “hate speech” for saying / distributing something 
    which could possibly be construed as “harmful”, will have certain unintended consequences,
    namely the criminalisation of good / well-meaning people who will be prosecuted
    for saying what they sincerely believe (according to their holy texts) and sent
    to jail.
 5. There are already sufficient existing laws dealing with “hate speech”.
 6. For all of the reasons given, I ask:
 7.  a. For the scrapping of the “hate speech” sections from the Bill altogether;
     b. Alternatively, should the “hate speech” provisions remain part of the Bill, we
        ask:
     c.  a. That “harm” be defined as: “gross emotional and psychological detriment that 
            objectively and severely undermines the human dignity of the targeted group”;
            and
         b. That “hatred” be defined as: “strong and deeply-felt emotions of enmity, ill-
            will, detestation, malevolence and vilification against members of an identifiable
            group, that implies that members of that group are to be despised, scorned, denied
            respect and subjected to ill-treatment based on their group affiliation”.
     d. That Clause 4(2)(d) (the “religious exemption clause”) be strengthened as follows
        to protect:
         _“expression of any religious conviction, tenet, belief, teaching,
        doctrine or writings, by a religious organisation or an individual, in public 
        or in private, to the extent that such expression does not actively support, instigate,
        exhort, or call for extreme detestation, vilification, enmity, ill-will and malevolence
        that constitutes incitement to cause gross emotional and psychological harm that
        severely undermines the dignity of the targeted group, based on race, ethnicity,
        gender, religion or sexual orientation”._
